Hi redgul,
I'll answer your questions one at a time, please click on the links
I've posted for full details.
1) How long does it usually take? Lives in New York City.
About four months, they are now processing the March petitions.
Vermont Service Center Processing Dates
I-140: March 2006 (LC petition)
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont
2) How does Labor Certification - Work Certification process work
* Step 1: Labor Certification
* Step 2: Immigrant Visa Petition Approval (I-140)
* Step 3: Adjustment of Status to Permanent
Residency (I-485) or Visa Processing (Packet 3)
http://www.iss.purdue.edu/IntraPurdue/Immigration/PRNonFaculty.cfm
US Department of Labor
Permanent Labor Certification
http://workforcesecurity.doleta.gov/foreign/perm.asp
EB-2 Eligibility and Filing
http://www.uscis.gov/graphics/howdoi/eligibility2.htm
3) how long will it take him to get his green card with INS?
This is a difficult question to answer given there are so many
variables. If everything goes perfectly well and a visa number is
available, perhaps 2 - 3 years.
VISA BULLETING FOR JULY 2006
"This bulletin summarizes the availability of immigrant numbers during July."
http://travel.state.gov/visa/frvi/bulletin/bulletin_2943.html
How Long Will it Take to Get a Green Card?
"So, a person may have an approved labor certification, but not be
able to move forward to the I-485 stage. This problem is even more
severe for people from the traditionally oversubscribed countries like
India, mainland China, and the Philippines. Following labor
certification approval, the employer can file the I-140 petition and
even obtain its approval without regard to visa number availability.
The case will stall at that point, however, until visa numbers are
available for the individual's employment-based category so that the
I-485 can be filed. This delay could be a few weeks, a few months, or
more than a year. This is why it is virtually impossible to answer the
question, "How long will it take to get a green card?"
http://www.murthy.com/news/n_howlon.html
Processing Times for New York City
I-485: January 2005
https://egov.immigration.gov/cris/jsps/officeProcesstimes.jsp?selectedOffice=49
4) What would be faster through marriage or Work Certification?
Spouses of U.S. citizens are granted visa numbers immediately, so for
this reason alone a family-based application would go quicker.
"People who want to become immigrants are divided into categories
based on a preference system. The immediate relatives of U.S.
citizens, which includes parents, spouses and unmarried children under
the age of 21, do not have to wait for an immigrant visa number to
become available once the application filed for them is approved by
the USCIS. An immigrant visa number will be immediately available for
immediate relatives of U.S. citizens. The relatives in the remaining
categories must wait for a visa to become available according to the
following preferences:"
http://www.uscis.gov/graphics/howdoi/immvisa.htm
"Permanent Residence via Marriage to a U.S. Citizen" handout:
http://www.isso.cornell.edu/immigration/visasaftergrad/PR.marriage.pdf
Application Procedures:
Becoming a Permanent Resident While in the United States
http://uscis.gov/graphics/howdoi/LPRApplication.htm
Permanent Residency (Green Card)
http://uscis.gov/graphics/faqsgen.htm#greencard
FORM I-485; FORM I-864; FORM I-693; package:
http://uscis.gov/graphics/formsfee/forms/files/i-485pk1.pdf
Special Instruction:
"The I-485 in this case may be filed at the same time as the visa
petition (I-130) which is filed by the U.S. citizen or lawful
permanent resident. See your local office "About Us" page for any
special local instructions including any local forms needed to apply
for permanent residence."
You may also submit the following forms:
" I-131, Application for Travel Document, if you need to travel
outside the United States while your application is processed "
http://uscis.gov/graphics/formsfee/forms/i-485.htm
Petition for Alien Relative
"NOTE: If the I-130 petition is being filed concurrently with Form
I-485, Application to Register Permanent Residence or to Adjust
Status, submit both forms at the local INS office having jurisdiction
over the place where the I-485 applicant resides."
http://uscis.gov/graphics/formsfee/forms/files/i-130.pdf
5) Does he have clarify that he would like to obtain his Green Card
through Work Certification?
He already has, by filing the I-140 which is employment-based. If he
were applying through marriage, his spouse would use the I-130
petition.
6) What are his chances like?
Regarding employment-based applications, much depends on his home
country and his "preference" (category). Please see the following
link.
VISA BULLETING FOR JULY 2006
"This bulletin summarizes the availability of immigrant numbers during July."
http://travel.state.gov/visa/frvi/bulletin/bulletin_2943.html
Employment-Based Applications
http://www.uscis.gov/graphics/formsfee/forms/i-485.htm
I was glad to work on this for you. If you have any questions, please
post a clarification request and wait for me to respond before
closing/rating my answer.
Thank you,
hummer
I searched USCIS, the Department of State, and the Department of Labor
websites, as well as using my own bookmarks and previous research. |
Clarification of Answer by
hummer-ga
on
15 Jul 2006 09:01 PDT
Hi redgul,
The thing is, with employment-based petitions, the petition may be
approved but there may be a very long wait for a visa to become
available. That is why a spousal petition is preferred, there is no
wait for a visa.
If your uncle is classified under the 3rd preference of skilled
workers, visas are currently being made available to applicants who
have a priority date (for your uncle, that is the date his LC
application was received by the Department of Labor) earlier than 01
Oct 2001. Only aliens who have priority dates prior to 01 Oct 2001 are
eligible to file the I-485 Adjustment of Status. This date is always
being adjusted and should be checked often.
EMPLOYMENT-BASED PREFERENCES: Third : Skilled Workers: 01 Oct 2001
http://travel.state.gov/visa/frvi/bulletin/bulletin_2943.html
In regards to an attorney, I would recommend the AILA Lawyers Referral
Service. There is a $100 fee, but it's probably money well spent as
they are a respected organization who will refer your uncle to a
lawyer based on his specific needs. Be sure he explains very clearly
that an I-140 was filed on such & such date but he has since married a
U.S. citizen.
American Immigration Lawyer Association (AILA)
Immigration Lawyers Referral Service
http://www.aila.org/content/default.aspx?bc=12621|10180
The New York Immigration Coalition lists the AILA Lawyers Referral
service on their website (a good indication that the service is
reliable).
The Legal Referral Service (ABCNY) in English
(212) 626-7373
http://www.thenyic.org/content.asp?sid=28
Regards,
hummer
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